The Insanity Defense in Norway

For all of Norway's laxity in the punishment of murder, it does appear they have a reasonably sensible definition of the insanity defense. Ian MacDougall reports for AP that it is unlikely Breivik will qualify "because he appears to have been in control
of his actions, the head of the panel that will review his psychiatric
evaluation told The Associated Press."

The July 22 attacks
were so carefully planned and executed that it would be difficult to
argue they were the work of a delusional madman, said Dr. Tarjei
Rygnestad, who heads the Norwegian Board of Forensic Medicine.

In
Norway, an insanity defense requires that a defendant be in a state of
psychosis while committing the crime with which he or she is charged.
That means the defendant has lost contact with reality to the point that
he's no longer in control of his own actions.

The circumstances of the crime should, of course, be central in determining the defendant's mental state. Too often, though, they are brushed aside, especially by defense psychiatrists.